Judge: Cherol J. Nellon, Case: 24STCV23778, Date: 2025-06-12 Tentative Ruling

Case Number: 24STCV23778    Hearing Date: June 12, 2025    Dept: 14

#10

Case Background

On September 13, 2024, Plaintiffs CBJ Inc. (“CBJ”) and Terri Cunningham (“Cunningham”) filed this lemon law action against Defendant Volkswagen Group of America, Inc. (“Defendant”) alleging violations of statutory obligations.

On May 9, 2025, Matthew Pardo filed the instant motion to be relieved as counsel for Plaintiff CBJ.

Trial is set for March 23, 2026.

Instant Pleading

Matthew Pardo moves to be relieved as counsel for Plaintiff CBJ due it being a suspended corporation.

Decision

The motion is GRANTED, contingent on counsel filing a completed proposed order, and effective upon the filing of the proof of service of the signed order upon the client.  

Legal Standard

California Rules of Court Rule 3.1362 requires that counsel fill out forms MC-051, MC-052, and MC-053. These forms serve two basic functions: (1) ensuring that notice is given to the client and (2) providing the court with an adequate explanation of why the matter is being handled via motion rather than mutual consent. See Code of Civil Procedure §¿284; California Rules of Court Rule 3.1362. 

Discussion

Counsel filed the required forms. Those forms indicate that Counsel served Plaintiff CBJ at its last known address which he confirmed was current via phone and online at least 30 days before the hearing on this matter.  

Counsel complied with the requirements of Rule 3.1362, and relief is appropriate under the circumstances of this case. However, the proposed order is incomplete as only Item 1 is filled out. The motion is GRANTED, contingent on counsel filing a completed proposed order, and effective upon the filing of the proof of service of the signed order upon the client.  

Conclusion

The motion is GRANTED, contingent on counsel filing a completed proposed order, and effective upon the filing of the proof of service of the signed order upon the client.